General Terms And Conditions With Customer Information

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Table of Contents

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1. Scope of application

2. Conclusion of contract

3. Right of revocation

4. Remuneration

5. Transfer of the contents

6. Granting of rights of use

7. Liability for defects

8. Applicable law

9. Alternative dispute resolution

 

 

 

1) Scope of application

 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Ulrike Mayer, acting as "Ulrike Mayer" (hereinafter referred to as "Licensor"), apply to all contracts for the delivery of data which is not on a physical data carrier and which is produced and made available in digital form (digital content) which a consumer or entrepreneur (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor in his online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.

 

1.2 Subject matter of the contract is the transfer of the digital contents offered by the licensor to the licensee in electronic form under granting of certain rights of use more precisely regulated in these general terms and conditions.

 

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

 

 

2) Conclusion of contract

 

2.1 The contents published in the Licensor's online shop do not represent binding offers on the part of the Licensor, but serve for the submission of a binding offer by the Licensee.

 

2.2 The licensee can submit the offer via the online order form integrated in the online shop of the licensor. After placing the selected contents in the virtual shopping cart and completing the electronic ordering process, the Licensee submits a legally binding contractual offer with regard to the contents contained in the shopping cart by clicking the button completing the ordering process.

 

2.3 The Licensor may accept the Licensee's offer within five days,

- by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Licensee is decisive, or

- by providing the ordered content to the licensee, whereby the access to the licensee is decisive, or

- by requesting payment from the licensee after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the licensor does not accept the licensee's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the licensee is no longer bound by his declaration of intent.

 

2.4 The period for acceptance of the Offer shall commence on the day following the date on which the Licensee sends the Offer and shall end on the fifth day following the date on which the Offer is sent.

 

2.5 If an offer is submitted via the Licensor's online order form, the text of the contract shall be stored by the Licensor after conclusion of the contract and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after dispatch of the Licensee's order. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor's online shop before sending his order, the order data shall be archived on the Licensor's website and can be retrieved by the Licensee free of charge via his password-protected user account by providing the corresponding login data.

 

2.6 Prior to binding submission of the order via the online order form, the Licensee may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

 

2.7 English and German are the only languages available for the conclusion of the contract.

 

2.8 The order handling and establishment of contact take place as a rule by e-mail and automated order handling. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Licensor or third parties commissioned by the Licensor to process the order can be delivered.

 

 

3) Right of revocation

Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the Licensor's revocation instructions.

 

 

4) Remuneration

 

4.1 For the granting of rights to the respective contents, the Licensor shall receive a flat-rate licence fee, the amount of which shall be determined in the respective article description.

 

4.2 The prices quoted by the Licensor are total prices and include statutory value-added tax.

 

4.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

 

4.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.

 

4.5 If the SEPA Direct Debit payment method is selected, the invoice amount shall be due for payment after a SEPA Direct Debit Mandate has been issued, but not before expiry of the period for advance information. The direct debit shall be collected if the ordered content is sent to the Licensee by e-mail or made available for download, but not before expiry of the period for preliminary information. Pre-notification is any notice (e.g. invoice, policy, contract) from the Licensor to the Licensee announcing a debit by means of a SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient account coverage or due to the indication of incorrect bank details, or if the Licensee objects to the direct debit although he is not entitled to do so, the Licensee shall bear the fees resulting from the reversal of the debit entry by the respective credit institution if he is responsible for this.

 

4.6 If the payment method "PayPal" is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

 

4.7 In cooperation with Klarna, we offer the following payment options as part of Klarna checkout. Payment will be made to Klarna:

- Klarna invoice: payable within 14 days from date of invoice. The invoice will be issued when the content is transferred and sent by e-mail. The invoice conditions can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/49896/de_de/invoice?fee=0

- Immediate transfer

- Credit card (Visa/ Mastercard)

- Debit

The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/49896/de_de/checkout. General information about Klarna can be found at https://www.klarna.com/de

5) Provision of the contents

The contents are provided exclusively in electronic form by e-mail or by download from the licensor's website.

6) Granting of rights of use

 

6.1 Unless otherwise stated in the description in the Licensor's online shop, the Licensor grants the Licensee the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.

 

6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the licensor has agreed to a transfer of the contractual license to the third party.

 

6.3 The granting of rights only becomes effective when the Licensee has paid the contractually owed remuneration in full. The Licensor may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.

 

7) Liability for defects

The statutory liability for defects applies.

 

 

8) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

 

 

9) Alternative dispute resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.